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Constitution of India Lecture 8
Constitution of India Lecture 8
By
Gurdeep Singh
Topic
Contents Indian Judiciary
Contents
•Introduction
Introduction
•Supreme Court and its Jurisdiction
Supreme Court
•Roles & Functions of Supreme Court and its Jurisdiction
Jurisdiction of
•Qualification, Appointment, Transfer & Removal of Judges High Court &
Subordinate Court
•References Qualification,
Appointment &
Removal of Judges
•Question / Answers
References
Q&A
Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Introduction Indian Judiciary
Contents
We know that Government has three important organs i.e. Executives,
Legislature and Judiciary. Legislature helps in law / policy making Introduction
process, Executives do implement law, administration & control and Supreme Court
Judiciary helps to provide justice and fundamental rights to the citizen. and its Jurisdiction
Government Qualification,
Appointment &
Removal of Judges
References
Executives Legislature Judiciary
Q&A
Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
One of the Salient Features of the Indian Constitution is that it is a Single Indian Judiciary
Unified integrated judicial system for the whole country.
Contents
A single judiciary represents a hierarchy
Fig : 2 Hierarchy of Judiciary
of courts. The Supreme Court stands at Introduction
the top of this single integrated judicial Supreme Court
system with High Courts at the State level. National Supreme Court
and its Jurisdiction
Below the High Courts, there are several Level
subordinate courts such as the District Roles & Functions
Courts which deal with civil cases and the High Court of Supreme Court
Session Courts which decide criminal State Jurisdiction of
cases. Level High Court &
Subordinate Court
There is a High Court for each Subordinate Qualification,
State. However, there can be a Court Appointment &
common High Court for two or District Removal of Judges
more States. For example, the Session
Level References
District Reve
States of Punjab and Haryana and Court
Court
(For nue
(For Civil
the Union Territory of Chandigarh Cases)
Criminal
Cases) Court Q&A
have a common High Court
Institution
situated at Chandigarh. GCAD
Similarly, the High Court of Guwahati is common for seven north eastern States of Assam,
Presentation By
Nagaland, Manipur, Meghalaya, Mizoram, Tripura and Arunachal Pradesh. Every High Gurdeep Singh
Court has a Chief Justice and a number of judges. The number of judges varies from State
to State. The number of judges of each High Court is determined by the President. Date : 06/06/22
Topic
The Supreme Court & Its Jurisdiction Indian Judiciary
The Supreme Court is the highest judicial authority of India. It consists Contents
of the Chief Justice and 25 other judges. The Parliament may increase
the number of judges if it deems necessary. Introduction
Supreme Court
A Court of Record and its Jurisdiction
Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Jurisdiction of the Supreme Court Indian Judiciary
The scope of powers of Supreme Court to hear and decide cases is called Contents
its jurisdiction. The Supreme Court has three types of jurisdictions namely
original, appellate and advisory. Introduction
Supreme Court
and its Jurisdiction
Types of Jurisdiction
Roles & Functions
of Supreme Court
Jurisdiction of
Original Appellate Advisory High Court &
Jurisdiction Jurisdiction Jurisdiction Subordinate Court
Qualification,
Appointment &
Appe Removal of Judges
Appe Appe
als in als in als in
Cons
Civil Crimi tituti References
Case nal onal
s Cases Cases
Q&A
Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Indian Judiciary
Original Jurisdiction
There are certain cases which fall within the exclusive jurisdiction of Contents
the Supreme Court. It means that all such cases begin or originate in
Introduction
the Supreme Court, only. It also means that such cases cannot be
initiated in any other court. The cases or disputes that come Supreme Court
under the original jurisdiction are given below: and its Jurisdiction
Contents
The power of a superior/higher court to hear and decide appeals
against the judgment of a lower court is called appellate jurisdiction. Introduction
The Supreme Court has vast appellate jurisdiction. It hears appeals
Supreme Court
against the judgment of the High Courts. Thus, it is the highest and its Jurisdiction
and the final Court of Appeal. If one of the parties to a dispute is not
satisfied with the decision of the High Court, one can go to the Roles & Functions
of Supreme Court
Supreme Court and file an appeal. The appeals can be filled in Civil,
Jurisdiction of
Criminal and Constitutional cases. High Court &
Subordinate Court
Appeals in Civil Cases Qualification,
Disputes relating to property, marriage, money, contract and service etc Appointment &
Removal of Judges
are called civil cases. If a civil case involves a substantial point of law of
public importance needing interpretatation of the Constitution or law, References
an appeal against the High Court decision can be made to Supreme Q&A
Court. If substantial question of interpretation of law or Constitution is
Institution
involved, appeal may be made against the decision of the High Court. GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Appeals in Criminal Cases Indian Judiciary
References
The appeal in cases other than these two categories may also be
brought to the Supreme Court provided the High Court grants a Q&A
certificate that the case is fit for appeal to the Supreme Court. Institution
GCAD
In case where the High Court refuses to certify a case to be fit for
appeal to the Supreme Court, one may seek special leave to appeal Presentation By
from the Supreme Court itself. The Supreme Court may grant such a Gurdeep Singh
special leave in its discretion but only in rare cases.
Date : 06/06/22
Topic
Appointment of Judges of High Court Indian Judiciary
The judges of the High Courts are appointed by the President of India.
While appointing Chief Justice of a High Court, the President has to Contents
consult the Chief Justice of the Supreme Court and the Governor of
Introduction
the State concerned. While appointing other judges, the President
consults the Chief Justice of the Supreme Court, the Chief Justice of Supreme Court
the High Court and Governor of the State concerned. and its Jurisdiction
While the constitutional status of the President remains intact, the Q&A
actual selection of judges is made by a team of senior judges of the
Institution
Supreme Court, headed by the Chief Justice of India This is known as GCAD
Collegium of the Supreme Court. Its recommendations are binding
on the President. Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Guardian of The Constitution Indian Judiciary
The Constitution of India is the supreme law of the land and the Contents
Supreme Court is its interpreter and guardian. It does not allow
the executive or the Parliament to violate any provision of the Introduction
References
Q&A
Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Indian Judiciary
Protector of Fundamental Rights
Contents
The Supreme Court has concurrent right with the High Courts to issue
directions, orders and writs for enforcement of fundamental rights. Introduction
These writs make the Supreme Court a protector and guarantor of
Supreme Court
fundamental rights. The idea is that in case of violation of a law or and its Jurisdiction
right, the Court may issue directions for compliance with the
Constitution. Thus, the citizens of India are secure as far as Roles & Functions
of Supreme Court
fundamental rights are concerned.
Jurisdiction of
The Supreme Court has the right to declare a law passed by the High Court &
legislature null and void if it encroaches upon our fundamental rights. Subordinate Court
It has rejected many legislations, which violated fundamental rights. Qualification,
Appointment &
This shows how the Supreme Court has always served as the Removal of Judges
guardian of fundamental rights.
References
Q&A
Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Review of Its Own Judgment Indian Judiciary
Date : 06/06/22
Topic
Judicial Review does not mean that every law passed by the Indian Judiciary
legislature is taken up by the
Supreme Court for review. It only means that the Court will Contents
review the law as and when
it gets an opportunity. This is possible in two ways. First, the Introduction
of the rights of the people. Besides, the Supreme Court has been
Presentation By
interpreting various Gurdeep Singh
provisions of the Constitution. Its rulings are treated as law of the
land. Date : 06/06/22
Topic
Indian Judiciary
Appeals in Constitutional Cases
crime. Introduction
Q&A
Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Indian Judiciary
Advisory Jurisdiction
Contents
This power implies Court’s right to give advice, if sought. Under
advisory jurisdiction, the President of India may refer any question of Introduction
law or public importance to Supreme Court for its advice.
Supreme Court
and its Jurisdiction
But the Supreme Court is not bound to give advice. In case, the advice
or the opinion of the Court is sent to the President, he may or may Roles & Functions
of Supreme Court
not accept it. The advice of the Court is not binding on the President.
Jurisdiction of
High Court &
So far, whenever the Court has given its advice, the President has Subordinate Court
always accepted it. Qualification,
Appointment &
Removal of Judges
The Court refused to give its advice on the question whether a temple
References
existed at the spot, where Babri Masjid was built at Ayodhya.
Q&A
Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Indian Judiciary
Public Interest Litigation (PIL)
Contents
Earlier, the judiciary, including Supreme Court,
entertained litigation only from those parties Introduction
that were affected directly or indirectly by it. It
Supreme Court
heard and decided cases only under its original and its Jurisdiction
and appllate jurisdiction. But subsequently, the
Court permitted cases on the ground Roles & Functions
of Supreme Court
of public interest litigation. It means that even
Jurisdiction of
people, who are not directly involved in the High Court &
case, may bring to the notice of the Court Subordinate Court
matters of public interest. It is the privilege of Qualification,
Appointment &
the Court to entertain the application for Removal of Judges
public interest litigation (PIL). The concept of
References
PIL was introduced by Justice P.N. Bhagwati.
Q&A
Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
PIL is important because justice is now easily available to the poor Indian Judiciary
and the weaker sections of society. The Supreme Court on the
basis of letters received from journalists, lawyers and social Contents
workers and even on the basis of newspaper reports has taken up
Introduction
a number of matters of public interest. Let us take some examples
to know how PIL has helped the people to get justice. Supreme Court
and its Jurisdiction
References
The Supreme Court has also taken up steps to free bonded
Q&A
labourers, tribals, slum dwellers, women in rescue homes, children
in juvenile homes, child labour etc. Institution
GCAD
In case of environmental pollution, the Supreme Court has ordered
closure of a few factories near Kanpur, Delhi and other places.
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Powers and Jurisdiction of the High Court Indian Judiciary
Power of High Court
Contents
Transfer
Original of Cases Superinten Introduction
dence of Court of
Jurisdictio to the Subordinat Record
n High e Courts Supreme Court
Court and its Jurisdiction
Jurisdiction of
High Court &
Subordinate Court
Qualification,
The original jurisdiction of the High Courts is very limited. Cases of Appointment &
alleged violation of fundamental rights can be started in High Courts, or Removal of Judges
in the Supreme Court. The High Courts have the power to issue orders to References
restore the fundamental rights of the people. You will recall that these
orders are called writs. Q&A
Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Appeal for Civil cases Indian Judiciary
High Courts hear appeals against the judgements of the subordinate
courts. In civil cases, appellate jurisdiction extends to all such cases which Contents
involve an amount exceeding Rs. 5 lakh. Any party to a civil dispute, which
is dissatisfied with the decision of the District Court may appeal against Introduction
the decision of the District Court in the High Court. It also hears cases
Supreme Court
relating to patents and designs, succession, land acquisition, insolvency and its Jurisdiction
and guardianship.
Roles & Functions
of Supreme Court
Appeal for Criminal cases / Session Cases Jurisdiction of
The High Courts hear and decide appeals against decisions of the sessions High Court &
courts in criminal cases. An accused who is found guilty by a sessions Subordinate Court
Qualification,
court, and awarded a sentence may file an appeal against the verdict of Appointment &
the sessions court. Removal of Judges
However, if an accused is awarded death sentence by the sessions court, References
the sentence must be confirmed by the High Court before the person is
hanged to death. Even if the accused does not file an appeal against death Q&A
sentence, the State refers it to the High Court for confirmation. Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Transfer of Cases to the High Court Indian Judiciary
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Indian Judiciary
Court of Record
A High Court is also a court of record, like the Supreme Court. Lower Contents
courts in a State are bound to follow the decisions of the High Court Introduction
which are cited as precedents. A High Court has also the power to
punish for its contempt or disrespect. Supreme Court
and its Jurisdiction
Jurisdiction of
High Court &
Subordinate Court
Qualification,
Appointment &
Removal of Judges
References
Q&A
Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Indian Judiciary
Subordinate Courts
In each district of India there are various types of subordinate or
lower courts. They are civil courts, criminal courts and revenue Contents
courts. These Courts hear civil cases, criminal cases and revenue Introduction
cases, respectively.
Supreme Court
and its Jurisdiction
Jurisdiction of
High Court &
Subordinate Court
Qualification,
Appointment &
Removal of Judges
References
Q&A
Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Indian Judiciary
References
Revenue cases relate to land revenue on agriculture land in the
district. Q&A
Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Indian Judiciary
Contents
Introduction
Supreme Court
and its Jurisdiction
Jurisdiction of
High Court &
Subordinate Court
Qualification,
Appointment &
Removal of Judges
References
Q&A
Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Indian Judiciary
Contents
Introduction
Supreme Court
and its Jurisdiction
Jurisdiction of
High Court &
Subordinate Court
Qualification,
Appointment &
Removal of Judges
References
Q&A
Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Indian Judiciary
Contents
Introduction
Supreme Court
and its Jurisdiction
Jurisdiction of
High Court &
Subordinate Court
Qualification,
Appointment &
Removal of Judges
References
Q&A
Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Indian Judiciary
Appointment of Judges in Supreme Court
Contents
The Chief Justice and other judges of the Supreme Court are appointed by
the President of India. While appointing the Chief Justice, the President is Introduction
constitutionally required to consult such other judges of the Supreme
Supreme Court
Court as he deems proper, but outgoing Chief Justice is always consulted. and its Jurisdiction
Normally, the senior most judge of the Supreme Court is appointed as the
Roles & Functions
Chief Justice of India, although there is no constitutional requirement to do of Supreme Court
so. While appointing other judges, the President is bound to consult the
Jurisdiction of
Chief Justice and other senior judges, if he deems proper. High Court &
Subordinate Court
Qualification,
Whenever there is vacancy or a likely vacancy in the Supreme Court, the Appointment &
Removal of Judges
Chief Justice and four other senior most judges consider various names and
recommend the names of the persons to be appointed as judges of the References
Supreme Court. Thus, while the Constitution still provides that the Q&A
President is the appointing authority of the Supreme Court judges, the
Institution
ruling of the Supreme Court, has since 1999, become virtually binding on GCAD
the President. The power of selection of judges has passed on to a group
of Supreme Court judges, called the Collegium of the Court. The President Presentation By
now performs the formality of appointing the nominee of the Supreme Gurdeep Singh
Court, after the Law Ministry formally recommends these names to him.
Date : 06/06/22
Topic
Indian Judiciary
Qualification of Judges in Supreme Court
citizen of India and if he/ she fulfils one of the following conditions: Introduction
a) he/she has been for at least five years a Judge of as High Court or Supreme Court
and its Jurisdiction
two or more than two such courts; or
b) he/she has been for at least ten years an advocate of a High Court Roles & Functions
of Supreme Court
or of two or more than two such courts; or
c) he/she is, in the opinion of the President, a distinguished jurist. Jurisdiction of
High Court &
Subordinate Court
Removal of judge from Supreme Court and Maximum tanure
Qualification,
The Chief Justice of India and other judges of the Supreme Court hold Appointment &
office till they attain the age of 65 years. A judge may voluntarily resign Removal of Judges
before expiry of his term. In exceptional cases a Supreme Court judge may References
be removed before the age of retirement, according to the procedure laid
Q&A
down in the Constitution. Thus a judge of the Supreme Court can be
removed from office by an order of the President passed after an address Institution
GCAD
by each House of the Parliament supported by a majority of total
membership of the House and not less than two-third majority of the
Presentation By
members of the House present and voting, passed in the same session, Gurdeep Singh
has been presented to the President for such removal on the ground of
proved misbehaviour or capacity. Date : 06/06/22
Topic
Indian Judiciary
Qualification of Judges in High Court
(ii) He or she should have held a judicial office, at the district level or Introduction
below for at least ten years.
OR Supreme Court
and its Jurisdiction
He or she should have been an advocate in one or more High Courts
for at least ten years continuously without break. Roles & Functions
of Supreme Court
Tenure :- Once appointed, the High Court judges hold office till they Jurisdiction of
High Court &
attain the age of 62 years. After retirement, they may be appointed Subordinate Court
judges of the Supreme Court or they may practise as advocates Qualification,
either in the Supreme Court or in any High Court other than the Appointment &
Removal of Judges
High Court in which they served as judges.
References
Q&A
Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Indian Judiciary
Tenure and Removal process for Judge of High Court
A High Court judge may be removed before he or she attains the age of
62 years, only on the ground of incapacity or proved misbehaviour. Contents
Introduction
He or she may be removed if both the Houses of Parliament adopt a
resolution by a majority of their total membership and by Supreme Court
and its Jurisdiction
two thirds majority of members present and voting, separately in each
House in the same session. Such a resolution is submitted to the Roles & Functions
of Supreme Court
President, who then can remove the concerned judge.
Jurisdiction of
High Court &
Subordinate Court
Qualification,
Appointment &
Removal of Judges
References
Q&A
Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
References Topic
Indian Judiciary
Jurisdiction of
High Court &
Subordinate Court
Qualification,
Appointment &
Removal of Judges
References
Q&A
Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Indian Judiciary
Contents
Introduction
Supreme Court
and its Jurisdiction
Jurisdiction of
High Court &
Subordinate Court
Qualification,
Appointment &
Removal of Judges
References
Q&A
Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22
Topic
Class Work Indian Judiciary
Supreme Court
and its Jurisdiction
Jurisdiction of
High Court &
Subordinate Court
Qualification,
Appointment &
Removal of Judges
References
Q&A
Institution
GCAD
Presentation By
Gurdeep Singh
Date : 06/06/22